[Congressional Record Volume 157, Number 45 (Thursday, March 31, 2011)]
[Senate]
[Page S2052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Vitter):
  S. 707. A bill to amend the Animal Welfare Act to provide further 
protection for puppies; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. DURBIN. Mr. President, it might come as a surprise to some to 
learn that dog breeders who sell animals directly to consumers over the 
internet are not subject to any Federal regulation. Under the Animal 
Welfare Act, wholesale dog dealers have to have a Federal license and 
are subject to U.S. Department of Agriculture inspection. Wholesale dog 
dealers typically sell their puppies to retail pet stores. But the law 
exempts any ``retail pet store'' from the same licensing and inspection 
requirements, because there was a day when you bought a dog either from 
a licensed breeder or from a store, who bought their dogs from a 
licensed breeder.
  While it is not defined in statute, the exemption for retail pet 
stores has been interpreted to mean any outlet that sells dogs directly 
to the public. With the advent of the internet, many people buy puppies 
and dogs from breeders that are not licensed. There are plenty of 
responsible breeders across the country who care about and take great 
pains to properly look after the dogs in their care. But this statutory 
loophole leaves the door wide open for unscrupulous and negligent 
commercial dog breeders.
  Today, I am reintroducing the Puppy Uniform Protection and Safety, or 
PUPS, Act with my colleague Senator Vitter. The PUPS Act would require 
breeders who sell more than 50 dogs a year directly to the public to 
obtain a license from the USDA.
  This licensing process is simple and inexpensive, but it allows for 
better oversight of the facilities that keep dogs to ensure that they 
are complying with minimum Federal standards.
  The media regularly reports stories about dogs rescued from 
substandard facilities--where dogs are housed in stacked wire cages and 
seriously ill and injured dogs are routinely denied access to 
veterinary care. This inhumane treatment has a direct bearing on the 
physical and mental health of the dogs. I have heard from veterinarians 
in Illinois, who share heart-breaking tales of families who welcomed 
new puppies into their homes, only to learn later that the animals had 
serious health or behavioral problems. In some cases, these puppies 
could be treated, but often at great expense to their owners.
  My bill would also require that dogs and puppies housed at all 
licensed breeding facilities have space to run around, something we all 
know dogs love to do, on a surface that is solid, or at the very least 
non-wire.
  It is my hope that extending and improving oversight of this industry 
through the PUPS Act will help protect the welfare of puppies and dogs 
in Illinois and across the country. Americans should feel confident 
about the health and well-being of the dog that they welcome into their 
family.
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